Abstract

This article considers how fundamental rights such as the right to silence can be protected in countries without a formal bill of rights. Using Australia as an example of such a country, the article traces a brief history of the right, before pointing out how the Australian case law has allowed legislatures to depart from it, using specific examples. It summarises the extent to which such a right is protected in North American and European law, before considering how such jurisprudence might be applied in Australia and elsewhere to ensure the hard-fought right to silence is preserved.